89R3474 DNC-D     By: Birdwell S.B. No. 1195       A BILL TO BE ENTITLED   AN ACT   relating to the procedures for removing names from the central   registry of child abuse and neglect.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 261, Family Code, is amended by adding   Subchapter G to read as follows:   SUBCHAPTER G. REMOVING NAMES FROM CENTRAL REGISTRY OF ABUSE AND   NEGLECT          Sec. 261.601.  DEFINITION. In this subchapter, "central   registry" means the central registry of the names of persons found   by the department to have abused or neglected a child maintained by   the department under Section 261.002.          Sec. 261.602.  NONAPPLICABILITY OF SUBCHAPTER.  This   subchapter does not apply to persons alleged to have abused or   neglected a child in:                (1)  a child-care facility or family home as defined by   Section 42.002, Human Resources Code; or                (2)  a public or private primary or secondary school.          Sec. 261.603.  EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The   department shall establish expungement review panels to review   requests to have a person's name removed from the central registry.          (b)  An expungement review panel is composed of the general   counsel of the department or the general counsel's designee, the   department's chief consumer affairs and accountability officer or   the officer's designee, and a member of the State Bar of Texas   appointed by the commissioner of the department.          (c)  The department shall create and maintain a list of   volunteers from which to select a member of the State Bar of Texas   for an expungement review panel.          (d)  A member of the State Bar of Texas who volunteers to   serve on an expungement review panel must be board certified in   child welfare or family law and have a history of representing   families in suits affecting the parent-child relationship in which   the department is a party to the suit.  A member of the State Bar of   Texas may not serve on an expungement review panel reviewing a   request from a person if the member represented any party in a suit   involving the person that resulted in the finding of abuse or   neglect at issue in the review.          (e)  The members of the expungement review panel are immune   from civil or criminal liability for any act or omission that   relates to their duty or responsibility as a member of the review   panel if they acted in good faith and within the scope of their   responsibility, as provided in Section 40.061, Human Resources   Code.          (f)  Information and documents considered by an expungement   review panel are confidential, and a member of the panel may not   disclose any information or documents considered by the panel.          Sec. 261.604.  REQUEST FOR REMOVAL OF NAME. (a) A person   who desires to have the person's name removed from the central   registry must submit a written request to the commissioner of the   department.          (b)  A person may not make a request under this section   before the second anniversary of the date the department added the   person's name to the central registry.          (c)  If an expungement review panel denies a request under   this section after a hearing, the person may not submit a subsequent   request until the first anniversary of the date the review panel   rendered a decision on the person's most recent request.          (d)  A person may not make a request under this section for   more than three hearings on a single finding of child abuse or   neglect within a 10-year period.          (e)  A person who has been determined by the department to   have engaged in child abuse or neglect is not eligible for a review   under this subchapter if:                (1)  the incident of abuse or neglect resulted in a   child fatality or near fatality;                (2)  a court ordered termination of the parent-child   relationship as a result of the abuse or neglect; or                (3)  following the date of the department's   determination, the department makes another substantiated finding   of abuse or neglect by the person or the person was convicted or   placed on deferred adjudication community supervision for an   offense involving child abuse or neglect.          Sec. 261.605.  HEARING DATE AND NOTICE; LIMITATION. (a) On   receipt of a request under Section 261.604(a), the commissioner of   the department shall establish an expungement review panel under   Section 261.603 and notify the panel of the request. The review   panel shall set a date for a hearing on the request. The review   panel shall hold the hearing not later than the 60th day after the   date the commissioner of the department receives the request.          (b)  Not later than the 15th day before the hearing, the   expungement review panel shall send written notice of the hearing   to the requestor.  The notice must include:                (1)  the date, time, and location of the hearing; and                (2)  the regional office that conducted the original   investigation that resulted in the finding of abuse or neglect.          (c)  An expungement review panel may conduct a hearing by   telephone conference call, videoconference, or another similar   telecommunications method if the panel determines that the method   of appearance will facilitate the hearing.          Sec. 261.606.  REVIEW HEARING. (a) At the hearing, the   person requesting the review has the right to be represented by   legal counsel.          (b)  The person requesting the review has the burden of   providing the expungement review panel with the basis for granting   the request and may present evidence supporting removal of the   person's name from the central registry.          (c)  The regional office of the department that conducted the   original investigation may:                (1)  present evidence in support of or in opposition to   the request; and                (2)  make a recommendation regarding the request.          Sec. 261.607.  EXPUNGEMENT REVIEW PANEL'S DECISION. (a)   The panel shall render a written decision on the request that   includes the review panel's reasons for the decision not later than   the 30th day after the date of the hearing. The review panel's   decision must be by majority vote.          (b)  Not later than the 45th day after the date of the   hearing, the expungement review panel shall provide the written   decision to the person requesting the review and to the   department's commissioner, deputy commissioner, chief of staff,   and associate commissioner for child protective investigations.          (c)  The expungement review panel shall consider the   following factors in making its decision:                (1)  the department's findings regarding the nature and   severity of the incident of abuse or neglect and the circumstances   surrounding the incident;                (2)  the number of findings of abuse or neglect   involving the person;                (3)  the person's age at the time of the incident, and   whether the person was a child at the time of the incident;                (4)  whether the circumstances that contributed to the   incident of abuse or neglect still exist;                (5)  actions taken by the person since the incident to   prevent the reoccurrence of abuse or neglect, including   participation in and completion of services and programs related to   the allegations;                (6)  evidence that:                      (A)  the person no longer poses a similar risk;   and                      (B)  continued listing of the person's name in the   central registry would not serve a significant public purpose; and                (7)  any other relevant information that shows that the   person no longer poses a risk to the safety and well-being of the   alleged victim, other children, and vulnerable adults.          (d)  If the expungement review panel grants a person's   request for removal from the central registry, the department   shall, not later than the 10th day after rendering the decision,   remove the person's name from the central registry and update any   relevant department files to reflect the removal and the reasons   for removal given in the decision.          Sec. 261.608.  AUTOMATIC REMOVAL. (a) The department shall   remove a person's name and related information from the central   registry if more than 18 years have passed since the department's   last finding of abuse or neglect against the person, unless any   finding of abuse or neglect against the person involved aggravated   circumstances described by Section 262.2015(b).          (b)  The department shall remove a person's name and related   information from the central registry if:                (1)  the person was a minor at the time of the incident   that resulted in the finding of abuse or neglect against the person;                (2)  more than two years have passed since the   department's last finding of abuse or neglect against the person;   and                (3)  the incident that resulted in the finding of abuse   or neglect against the person did not involve sexual abuse,   fatality, or near fatality.          Sec. 261.609.  CONFIDENTIALITY. The review conducted under   this subchapter and any records or documents related to the review   are confidential and not subject to disclosure under Chapter 552,   Government Code.          Sec. 261.610.  RULEMAKING. The commissioner of the   department shall adopt rules necessary to implement this   subchapter, including rules to ensure substantial compliance with   this subchapter.          SECTION 2.  This Act takes effect September 1, 2025.